Last updated on November 13th, 2018
In these terms and conditions of sale Cubiquity Media Ltd are referred to as ‘the Company’ and the individual, firm, company or corporation placing an order is referred to as ‘the Customer.
Sole Contract Terms
All contracts entered into, or work or supply of goods and/or services by the Company shall be subject to these conditions. No servant of the Company has any authority to vary any part of these conditions unless such variation is agreed to and is expressly made in writing and signed by a Director of the Company.
Quotations are based on the current costs of production and are subject to amendment by the Company on or at any time after acceptance to meet any increase on such costs and on the basis that these terms only are the terms of the contract.
Value Added Tax
The Prices are exclusive of amounts in respect of VAT. The Customer shall, on receipt of a valid VAT invoice from Cubiquity, pay such additional amounts in respect of VAT as are chargeable.
Work carried out, whether experimentally or otherwise, at Customer’s request will be charged.
Author’s corrections and amendments, including alterations in style, and the cost of additional proofs necessitated by such corrections and amendments will be charged extra. Proofs of all work may be submitted for Customer’s approval, proof correction shall be Customer’s responsibility exclusively.
Delivery and payment
(a) In the absence of the express written agreement of the Company to the contrary and inconsideration of the Company accepting instructions from the Customer which first places an order, such Customer will be primarily liable for all sums due to the Company in respect of such order irrespective of whether or not such Customer is acting as principal or as agent.
(b) Delivery of work shall be accepted when tendered and thereupon or on notification that the work has been completed the ownership shall pass and payment shall become due immediately.
(c) Should expedited delivery be agreed and necessitate overtime or other additional cost, an extra charge may be made.
(d) Should work be suspended or delayed due to the request or default of the Customer, the Company shall be entitled to payment for work already carried out and for materials ordered, and also for any additional costs incurred by the Company as a result of such request or default.
(e) If payment is not made within 14 (fourteen) days of becoming due the Company, without prejudice to its other rights hereunder, shall be entitled to charge, in addition to any monies due hereunder, interest on the overdue outstanding amount at the rate of 4% above the base rate of The Bank of England from time to time in force from the date the monies first become due until the outstanding amount is paid (whether before or after judgment).
(f) Our standard payment terms for approved credit accounts are 30 days from invoice date, unless otherwise agreed in writing. For all other Customers, full payment is required prior to delivery.
Variations in quantity
Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon margins of 2 per cent for work in one colour only and 5 per cent for other work being allowed for overs or shortage, the same to be charged or deducted. An order requiring a quantity of material less than a complete mill pack (except for stock lines) will be increased to use a complete pack and charged as overs regardless of percentages mentioned above.
Claims arising from damage, delay, or partial loss of goods in transit must be made in writing to the Company and the carrier so as to reach them within three days of delivery and claims for non-delivery within 28 days of despatch of the goods. All other claims must be made to the Company within ten days of delivery.
The Company’s liability shall be limited to rectifying defective workmanship and to liability whether in tort or contract or otherwise for death or personal injury resulting from the negligence of the Company, subject thereto the Company shall not be liable for any loss or damage whether direct or indirect or consequential including loss of profit and whether due to negligence of the Company or its employees or otherwise, arising out of any defect in the works or materials or other act omission or default whatsoever and all conditions warranties or other terms whether express or implied statutory or otherwise inconsistent with these conditions are hereby expressly excluded.
(a) All disks and materials used by the Company to facilitate in the production of the Customer’s work shall remain his exclusive property.
(b) Data on magnetic tape discs and other magnetic media may be deleted immediately after the order is executed unless written arrangements are made to the contrary.
Customer’s property and all property supplied to the Company by or on behalf of the Customer will be held, worked on, and carried at Customer‘s risk.
Material supplied by Customer
(a) The Company may reject any paper, plates or other materials supplied or specified by the Customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged.
(b) Where materials are so supplied or specified, responsibility for defective work will not be accepted by the Company unless this is due to his failure to use reasonable skill and care.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
Without prejudice to other remedies, the Company shall in respect of all unpaid debts due from the Customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property as he thinks fit and to apply any proceeds towards such debts.
(a) The Company shall not be required to print any matter which in his/her opinion is or may be of an illegal or libellous nature.
(b) The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter printed for the Customer or any infringement of copyright, patent design, trade mark, trade name or any other intellectual or industrial property right.
A contract for the printing of periodical publications may not be terminated by either party unless written notice is given as follows: Weekly, Fortnightly, Monthly: 13 weeks. Two monthly, Quarterly: 26 weeks. Nevertheless the printer may terminate any such contract forthwith should any sum due there under remain unpaid.
Despatch and Postal Procedure
(a) Time for performance by the Company shall not be of the essence unless specified by the Customer in writing to be so.
(b) Prepayment of postage by the Customer shall be a condition precedent to the despatch of the goods by the Company unless the mailing is despatched via the Customer’s own postage account.
(c) In the event of goods being posted by the Company the Company’s liability shall absolutely cease as soon as deliveries are made by the Company to the appropriate postal authority (whether at the Company’s premises or elsewhere) and the Company can accept no responsibility for any act or default of the postal authority or its servants or agents.
(d) Expedited delivery. Should delivery of work be required sooner than the normal time requisite for its proper production every effort will be made to secure freedom from defects but reasonable allowances must be made by the client in such cases. Should delivery necessitate overtime being worked or other additional costs being incurred a charge will be made to cover those increased costs.
Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company or to such variation as he may find necessary as a direct or indirect result of inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the Company’s control.
Data Protection (Individuals, sole traders and partnerships only)
The Company is registered as a Data Controller under the Data Protection Act 1998. The Company uses this information in order to process Customer orders and payments and to provide Customers with the services requested. The Company may also use this information to ensure Customer orders are delivered correctly, to resolve any queries Customer may have and so that we may provide Customers with information about company products and services from time to time. The Company retains this information only for as long as is strictly necessary.
The Company may from time to time require to share personal data with third parties such as companies who provide the Company with delivery, outwork, payroll and invoicing services if it is necessary in order to provide the relevant service to Company. The Company also transfers Personal Data to its financiers (for the purpose of borrowing secured on Company’s debtors) who:
(a) may use, analyse and assess information about Customers, including the nature of Customer transactions, and exchange Customer’s Personal Data with other members of their group of Companies and others for credit and financial assessment, market research, statistical analysis, insurance claim, underwriting and training purposes and in making payments and servicing their agreement with printer;
(b) from time to time, may make searches of Customer’s record at credit reference agencies where Customers record with such agencies may include searches made and information given by other businesses; details of their searches will be kept by such agencies but will not be seen by other organisations that may make searches;
(c) may give information about Customer and Customer’s indebtedness to the following:
(i) Company or financier insurers for underwriting and claims purposes;
(ii) any guarantor or indemnifier of Customer or Company obligations to enable them to assess such obligations;
(iii) the financier’s bankers or advisers acting on their behalf;
(iv) any business to whom Customer indebtedness or Company arrangements with those financiers may be transferred – to facilitate such transfer;
(d) may monitor and/or record any phone calls Customer may have with the financiers, for training and/or security purposes;
(e) in the event that financier transfers all or any of their rights and obligations under their agreement with Company to a third party, they may transfer information about Customer to enable a third party to enforce their rights or comply with obligations. The Company will provide the Customer with details of the financiers and other third parties referred to above on request, including a contact telephone number, if Customer wants to obtain details of the customer Personal Data they hold including details of credit reference agencies and other third parties referred to above from whom they obtain and to whom they may give customer Personal Data. The Customer also has a right to receive a copy of certain Personal Data held if requested in writing and in return for a small fee.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.